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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCHOLIC BEVERAGES AND TOBACCO vs KHAN JAMAL YAD, D/B/A A JAYS, 15-000425 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-000425 Visitors: 20
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCHOLIC BEVERAGES AND TOBACCO
Respondent: KHAN JAMAL YAD, D/B/A A JAYS
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Jan. 22, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 25, 2015.

Latest Update: Dec. 22, 2024
Florida Departments Busines Professi Regulation ral Rick Scott, Governor Ken Lawson, Secretary PAGE 7 RE: CASE NUMBER 2014014369 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. KHAN JAMAL YAD DIB/A A SAYS LICENSE NUMBER BEV3911313 SERIES 1APS RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against KHAN JAMAL YAD herein after referred to as “respondent,” and alleges: 1. 813.272.3257 Petitioner is the state agency charged with supervising businesses licensed under the Florida beverage, tobacco and tax, and tobacco products permit laws pursuant to sections 559.061, 561.07, 561.15, 561.19, 561.29, 561.501, 210.15, 210.16, 210.45, 210.50, 569.003, and 569,006, Florida Statutes. Respondent is, and has been at all times material hereto, the holder of a valid license/permit, issued in the State of Florida, by the Division of Alcoholic Beverages and Tobacco. Respondent's last known mailing address is as follows: KHAN JAMAL YAD D/B/A A JAYS 901 E 7TH AVE TAMPA, FL 33605 And the division has not been notified of any other designated person or address for the service of process and notices authorized by Rule 61A-2.012, Florida Administrative Code. Petitioner intends to revoke; suspend; annul; impose civil penalties, investigative costs, and late penalties; or any combination of these authorized penalties. This intended action is based on the below described facts or conduct. 4313 Tampa St. www. MyFloridalicense.com Park Trammet Bidg, #702 License Efficiently. Regulate Fairly, Tampa FL 33602 | | Florida Department Busines. Professional wick Sect Regulation Ken Lawson, Secretary PAGE 8 RE: CASE NUMBER 2014014369 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. KHAN JAMAL YAD DIBIA A JAYS LICENSE NUMBER BEV3911313 You, KHAN JAMAL YAD, D/B/A A JAYS, are charged with the following count(s): 1. On or about April 22, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), or employee(s), to wit: Jamal Yad Khan, did unlawfully on your licensed premises, sell or permit the sale, possession, or consumption of an illegal controlled substance to wit:, 88 jars various synthetic cannabinoids, this act being in contrary to and in violation of Section 893.13(1)(a)(2), within 561.29(1)(a), Florida Statutes. 2, On or about April 22, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), or employee(s), to wit: Jamal Yad Khan, did unlawfully on your licensed premises, sell or permit the sale, possession, or consumption of an illegal controlled substance to wit: cannabis >20 grams, this act being in contrary to and in violation of Section 893.13(6)(b), within 561.29(1)(a), Florida Statutes. 3. On or about April 22, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), or employee(s), to wit: Jamal Yad Khan, did unlawfully on your licensed premises, sell or permit the sale, possession, or consumption of an illegal controlled substance to wit: 5 tablets Carisoprotal, this act being in contrary to and in violation of Section 893.13(6)(a), within 561.29(1)(a), Florida Statutes. 4, On or about April 22, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully on your licensed premises, allow or permit a person, to wit: Jamal Yad Khan, to conceal a weapon or firearm, to wit: 9 mm Glock, while committing a felony, this act being contrary to and in violation of section 790.07, within 561.29(1)(a), Florida Statutes. 5. On or about April 22, 2014, you, the aforementioned licensee, holding a vendor license under the Beverage Law, did fail to display your license in a conspicuous place on the licensed premises, this act being contrary to and in violation of section 561.23(2), within 561.29(1)(a), Florida Statutes. 6. On or about April 22, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s) or other person, to wit: Jamal Yad Khan, did unlawfully on your licensed premises, allow or permit the possession of alcoholic beverages, to wit: 27 various bottles of sealed distilled spirits, not authorized by law to be sold under your license, this act being contrary to and in violation of section 562.02, within 561.29(1)(a), Florida Statutes. 813.272.3257 1313 Tampa St. www. MyFloridaLicense.com : Park Trammel Bidg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602 Florida Departments, Busines Professional Regulation ken Lavon, Seoretary 7. On or about April 1, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Jamal Yad Khan, did unlawfully on your licensed premises, sell alcoholic beverages, to wit: 1 ~ 750 ml. Ciroc Coconut Vodka, not permitted or authorized to be sold under your license, to wit: 1APS Alcoholic Beverage License, this act being contrary to and in violation of section 562.12(1), within 561.29(1)(a), Florida Statutes. 8. On or about April 8, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Jamal Yad Khan, did unlawfully on your licensed premises, sell alcoholic beverages, to wit: 1-1.75 liter Smirnoff Vodka, not permitted or authorized to be sold under your license, to wit: 1APS Alcoholic Beverage License, this act being contrary to and in violation of section 562.12(1), within 561.29(4)(a), Florida Statutes. Signed this June 25, 2014 William Spicola, Director Division of Adcoholic Beverages and Tobacco Victor Neal Law Enforcement Captain Explanation of Service: Date Served Received By. Personal Service By. (sign) Personal Service By. (print) Service Location Certified Mail # *Attach Receipt if Served by Mail. 813.272.3257 1313 Tampa St. www.MyFloridaLicense.com Park Tramme! Bldg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602

Docket for Case No: 15-000425
Issue Date Proceedings
Mar. 25, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 11, 2015 Order Granting Continuance (parties to advise status by March 20, 2015).
Mar. 10, 2015 (Respondent's) Request for Continuance filed.
Mar. 10, 2015 Notice of Appearance (Joseph Diaz) filed.
Mar. 10, 2015 Petitioner's Motion for Rule to Show Cause and for Order Compelling Discovery filed.
Feb. 03, 2015 Order of Pre-hearing Instructions.
Feb. 03, 2015 Notice of Hearing by Video Teleconference (hearing set for March 23, 2015; 9:30 a.m.; Tampa and Tallahassee, FL).
Feb. 02, 2015 Joint Response to Initial Order filed.
Jan. 23, 2015 Notice of Serving Petitioner's First Set of Admissions, Interrogatories and Request for Production filed.
Jan. 23, 2015 Initial Order.
Jan. 22, 2015 Request for Hearing filed.
Jan. 22, 2015 Administrative Complaint filed.
Jan. 22, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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